SMT. RIZWANA AND OTHERS Vs. MANJUNATHA AND ANOTHER

JUDGEMENT

(1.) The claimants-appellants have challenged the legality of the award dated 01.07.2010, passed by the Motor Accident Claims Tribunal (S.C.C.H.12), Bengaluru, whereby for the death of Mr. Syed Sardar, the learned Tribunal has granted compensation of Rs. 4,91,000/- along with interest @ 6% p.a. to the appellants from the date of filing of the petition, till the date of realization.

(2.) In short, the facts of the case are that on 208.2008, at about 6.00 PM, Mr. Syed Sardar was riding his bicycle from Pillagumpa, after completing his work as mason. When he reached near Pillagumpa Gate, located in Pillagumpa Industrial Area, suddenly a goods tempo, bearing Regn.No.KA-03-5161, being driven from Hoskote towards Nandagudi, in a rash and negligent manner, came and hit Mr. Syed Sardar. Mr. Syed Sardar sustained injuries on his head, and on his other parts of the body. Initially, he was rushed to the Government Hospital at Hoskote; Subsequently, he was shifted to Nimhans, where he was declared dead upon arrival. Since, the appellants had lost the sole bread earner, they filed a claim petition before the learned Tribunal. Appellant No. 1 the wife of the deceased, examined herself as P.W.1, one Mukthiyar as P.W.2, and submitted seventeen documents. On the other hand, the Insurance Company, examined a single witness, and submitted three documents. After assessing the evidence, the learned Tribunal granted the compensation as aforementioned. Hence, this appeal for enhancement.

(3.) Mr. Sripad V Shastri, learned counsel for the appellant has raised the following contentions before this Court: